Precision Standard, Inc.

July 13, 2015Judge Hartman

Denied / Government PrevailedContract InterpretationTermination for DefaultFailure to Prosecute / DismissalDCMA Involved

Precision Standard, Inc. appealed the termination of its contract for default by the government, which claimed the appellant failed to deliver a required first article on time. The Board granted the government's motion for summary judgment, affirming the termination.

Material Facts

The contract required Precision Standard, Inc. to submit a first article for testing by February 9, 2009.
PSI submitted a first article over three months late, on May 21, 2009, but it was missing required material certifications.
The contracting officer advised PSI that it could re-submit the disapproved first article after correcting discrepancies.
PSI failed to respond to the contracting officer's requests and did not submit a second first article by the specified date of January 22, 2013.
The contracting officer notified PSI of the potential termination for default and provided opportunities to present facts regarding the delay.
PSI did not respond within the specified time frame and failed to submit the first article by the final due date of October 18, 2013.

Parties

Appellant: Precision Standard, Inc.
Respondent Agency: Defense Logistics Agency
Contracting Agency: Defense Logistics Agency Aviation
Contract Number: SPM4A7-08-M-B239

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